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Amendments to Trademark Laws

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Apr 25, 2019 (Newsletter Issue 6/19)
Poland
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Amendments to Trademark Law in Force


On March 16, 2019, the amendments to the Polish Industrial Property Law came into force adapting Directive 2015/2436, harmonizing the laws of the EU Member States regarding trademarks.

Some of the most important changes are the following:
- No graphical representation required
- Collective trademarks introduced
- Trademarks renewal procedure changed: It is enough to pay the fee for the next period of protection to renew the trademark.
- Licensee rights strengthened: Licensees can file a claim for trademark infringement with the proprietor’s consent, while the exclusive licensee will be entitled to bring an action if the trademark proprietor has failed to do so after having been asked by the licensee. Also, the licensee may intervene in proceedings initiated by the trademark proprietor to obtain compensation from the infringer.
- Evidence of genuine use of the trademark in court proceedings obligated
- Protection against preparatory actions introduced which relates to the use of packages or other things that contain a trademark, e.g. packaging, labels, tags, security or authenticity features or devices, or any other things to which a trademark is affixed.
- Liability of intermediaries for infringing trademark protection rights strengthened
- Protection of trademark during the transit of goods

For more information, please click here

Source: www.dlapiper.com; www.aippi.org